News & Analysis as of

Mediation Construction Disputes

JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

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With more than 40 years of experience in construction mediations, I’ve seen how early mediator involvement can significantly streamline the resolution process. By engaging a mediator early—before discovery heats up—parties...more

Blake, Cassels & Graydon LLP

Clauses de règlement des différends dans les contrats d’infrastructure publique : point de vue de l’avocat plaidant

Les grands projets d’infrastructure publique font généralement intervenir plusieurs parties prenantes et nécessitent un ensemble complexe de contrats et de sous-contrats. Une approche réfléchie de la négociation et de la...more

JAMS

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

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Not long ago, I spoke with a general contractor on a multinational infrastructure project. “We had five nationalities on-site,” he said, “and six different ways of interpreting the same deadline.” He wasn’t exaggerating. ...more

Miles Mediation & Arbitration

Multi-Party Construction Mediations and How to Address Them

Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several...more

Bradley Arant Boult Cummings LLP

Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

JAMS

[PODCAST] Hon. Nancy Holtz (Ret.) Discusses Timing Strategies in Construction Mediations on ABA Podcast

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In episode 40 of the ABA Construction Law Today podcast, Hon. Nancy Holtz (Ret.), a Boston-based JAMS neutral, explores the critical role of timing in achieving optimal outcomes during construction mediations. Drawing on her...more

Snell & Wilmer

Successful Mediation Often Boils Down to Preparation

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When presiding recently as mediator in a multi-party construction dispute, one of the contractor’s representatives asked me during a pre-mediation caucus to identify the one thing I needed from them for the mediation to...more

JAMS

Multiparty Mediations: Strategies for Success

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Construction projects are often complex, involving many parties, materials and systems. Likewise, many construction-related disputes are complex because they involve multiple parties as well as complex technical and legal...more

TransPerfect Legal

IBA 2024 Mexico City Takeaways for Global Construction Trends and Mediation for Construction Disputes

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What Does It Take, Is It Worth It, and What Are the Cost Implications of Alternative Dispute Resolution? The volume of disputes and associated financial fallout in global construction claims is steadily rising, indicating...more

JAMS

Mastering the Art of Construction Dispute Resolution Clauses - A neutral’s perspective on drafting ADR agreements

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Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in...more

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

Bradley Arant Boult Cummings LLP

Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential...

I have practiced law for 40 years, with the vast majority as a “construction” lawyer. I have seen great… and bad construction lawyering, both when on the other side of a dispute, as well as when serving over 300 times as a...more

Ankura

Mediating Construction Claims in Real-Time

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Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project - A Third-Party Neutral During Construction Primer - What Is a Third Party Neutral? A...more

Robinson+Cole Construction Law Zone

American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA), one of the longest-standing and experienced alternative dispute resolution (ADR) administrators, has unveiled a significant update to its Construction Industry Rules and Mediation...more

JAMS

[PODCAST] JAMS Neutrals Discuss Evolution of ADR for Resolving Construction Disputes

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In this podcast, JAMS neutrals John W. Hinchey, Esq., and Leslie King O’Neal discuss the evolution of alternative dispute resolution (ADR) within the construction space. Their conversation starts with sharing their...more

BCLP

Effective Dispute Avoidance in Construction and Infrastructure Projects

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In this article, BCLP partner Shy Jackson and Aluko & Oyebode partner Ngo-Martins Okonmah are collaborating to discuss the most effective means by which to avoid disputes relating to construction and infrastructure projects...more

Miles Mediation & Arbitration

Important Procedural Issues in Georgia Construction Arbitrations

Arbitration has long been used as an alternative to litigation in construction disputes. Many construction contracts contain arbitration clauses, many of which reference specific rules established by specific arbitration...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDIg? An Eye for an Eye?

Dear YouDig?, I am the CEO of a prominent and established developer. It’s been a long wonderful road. We are blessed with a great team who have worked together with great success. When I look back, the only thing I wish I...more

Pullman & Comley, LLC

Why Mediate a Land Use Dispute?

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When disputes arise over land use issues, whether it is the approval or denial of a land use application, we have traditionally turned to our judicial system for their resolution. Indeed, in Connecticut, we have been...more

JAMS

JAMS Global Construction Solutions, Winter 2023 - The Latest News in Construction ADR from the World’s Leading Neutrals

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Investor-State Mediation- A New Way to Deal with Old Problems? In common with commercial arbitration, a large proportion of treaty-based Investor-State disputes involve construction issues. In the Annual Report of 2021...more

Miles Mediation & Arbitration

Build Your Foundation: Five Smart Strategies to Prepare Your Construction Case for Mediation

Construction lawsuits can encompass a wide variety of claims ranging from construction defects, construction delays, breach of contract claims, structural deficiencies, and environmental issues, to name only a few. They also...more

Robinson+Cole Construction Law Zone

The AAA Revises its Commercial Arbitration Rules and Mediation Procedures

The American Arbitration Association (AAA) has revised its Commercial Arbitration Rules and Mediation Procedures, effective September 1, 2022. The goal of these revisions is to standardize longstanding AAA practices...more

Miles Mediation & Arbitration

Using Arbitration and Mediation in Construction Cases

Whether it’s a custom-built home, a large housing development or a high-rise condominium or office building, legal disputes related to construction issues can be complicated. The number of primary defendants and third-party...more

JAMS

[PODCAST] Demystifying Mediation Myths in the Construction Industry

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A podcast from JAMS featuring neutrals Patricia H. Thompson, Esq., FCIArb, and Bruce A. Edwards, Esq., on some of the top myths on ADR within the construction industry - In this podcast, JAMS neutrals Patricia Thompson...more

Farrell Fritz, P.C.

New Amendment to ComDiv Rule 3(a) Provides More Options to Litigants Seeking Alternative Dispute Resolution

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In recent years, the New York court system has endorsed alternative dispute resolution (“ADR”) as a way to increase efficiency in the court system, making ADR presumptive in most civil cases.  As a pioneer of efficiency, the...more

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